ORCALINO A. ENEIAS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Eneias appeals from a summary denial of his second motion filed pursuant to Florida Rule of Criminal Procedure 3.850, challenging his 1992 conviction for unlawful possession of a controlled substance. First he argues that his plea of guilty was involuntary because he was not informed he might be deported. Secondly he argues that his counsel was ineffective in misadvising him regarding the consequences of his plea.
The first claim is identical to the one raised in his first rule 3.850 motion filed with this court.1 Thus, it is barred as successive. See Stroble v. State, 689 So. 2d 1089 (Fla. 5th DCA 1997); Henry v. State, 679 So. 2d 885 (Fla. 5th DCA), rev. denied, 686 So. 2d 578 (Fla.1996).The ineffective assistance of counsel claim could or should have been raised in the first rule 3.850 proceeding. Thus it too is improper and successive. Jones v. State, 591 So. 2d 911 (Fla.1991); Scott v. State, 656 So. 2d 204 (Fla. 5th DCA 1995).
AFFIRMED.
W. SHARP, GOSHORN and THOMPSON, JJ., concur. . Eneias v. State, 686 So. 2d 600 (Fla. 5th DCA 1997).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Maynard Witherspoon v. State, 710 So. 2d 143 (Fla. 5th DCA 1998)…h DCA 1993). The second challenge as well as this one are barred because they are successive and improper, and they seek to raise points already finally decided by this court. Williams v. State, 706 So. 2d 137 (Fla. 5th DCA 1998); Eneias v. State, 696 So. 2d 1365 (Fla. 5th DCA 1997); Cassady v. State, 683 So. 2d 1194 (Fla. 5th DCA 1996); Johnson v. State, 680 So. 2d 1101 (Fla. 5th DCA 1996). This court’s ruling on direct appeal cannot be changed or challenged by collateral attack, through whatever form Withe…
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Cooper v. State, 703 So. 2d 1248 (Fla. 5th DCA 1998)…PER CURIAM. See Stroble v. State, 689 So. 2d 1089 (Fla. 5th DCA 1997), rev. denied, 697 So. 2d 512 (Fla.1997); Eneias v. State, 696 So. 2d 1365 (Fla. 5th DCA 1997); Fla. R.Crim. P. 3.850(f). AFFIRMED. COBB, W. SHARP and ANTOON, JJ., concur.…
Authorities Cited
- Jones v. State, 591 So. 2d 911 (Fla. 1991)
- Stroble v. State, 689 So. 2d 1089 (Fla. 5th DCA 1997)
- Scott v. State, 656 So. 2d 204 (Fla. 5th DCA 1995)
- Henry v. State, 679 So. 2d 885 (Fla. 5th DCA 1996)